R v Brown

[2019] ACTSC 59

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Brown

Citation:

[2019] ACTSC 59

Hearing Date:

30 January 2019

DecisionDate:

31 January 2019

Before:

Mossop J

Decision:

See [26]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – trafficking in a controlled substance other than cannabis – possessing a prohibited substance – unauthorised possession of a prohibited weapon – unlawful possession of stolen property – additional offences taken into account

Legislation Cited:

Crimes (Sentencing) Act 2005 (ACT), s 7

Criminal Code 2002 (ACT), s 603(7)

Drugs of Dependence Act 1989 (ACT), s 164(3)(c)

Cases Cited:

Nchouki v The Queen [2018] ACTCA 28

R v BG [2017] ACTSC 382
R v Campbell [2010] ACTCA 20
R v Davidson [2018] ACTSC 227
R v Hyde [2017] ACTSC 337
R v Le Pavoux [2017] ACTSC 330
R v Lou (No 2) [2017] ACTSC 266
R v Nchucki(No 2) [2017] ACTSC 387
R v Olbrich [1999] HCA 54; 199 CLR 270

Zhao v the Queen [2018] ACTCA 38

Parties:

The Queen (Crown)

Adam Brown (Offender)

Representation:

Counsel

K Reardon (Crown)

J Stewart (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Boxall Legal (Offender)

File Numbers:

SCC 125 of 2018

SCC 127 of 2018

MOSSOP J:

Introduction

1. The offender, Corey Brown, has pleaded guilty to the following offences:

(1)trafficking in a controlled drug other than cannabis, namely, methylamphetamine between 20 October and 31 October 2017 (CC2018/5013) contrary to the Criminal Code 2002 (ACT), s 603(7), the maximum penalty for which is 10 years imprisonment or a fine of $150,000 or both; and

(2)possessing a prohibited substance namely 3,4‑methylenendioxyamphetamine (MDA) for the purpose of sale or supply on 30 October 2017 (XO2019/31468), an offence contrary to the Drugs of Dependence Act1989 (ACT), s 164(3)(c), the maximum penalty for which is five years imprisonment or a fine of $75,000 or both.

1. The offender has asked the court to take into account the following additional offences in sentencing him for the offence of trafficking in a controlled drug other than cannabis, namely methylamphetamine:

(1)unauthorised possession of a prohibited weapon, being a blue handled dagger on 30 October 2017; and

(2)unlawful possession of stolen property, being a silver Isuzu D-MAX motor vehicle on 30 October 2017.

1. Had they been sentenced separately, the maximum penalties for these offences would have been five years imprisonment or a fine of $75,000 or both and six months imprisonment or a fine of $7500 or both respectively.

1. I will take these into account in the manner described in R v Campbell [2010] ACTCA 20 at [47]-[50].

Facts

1. On 30 October 2017, police executed a search warrant at the house of the offender and his wife.  During execution of the search warrant police located and seized a number of items including $41,685 in cash, a number of clip seal bags, various amounts of drugs, a stolen silver Isuzu D-MAX motor vehicle, mobile phones and knives.  The offender and his wife lived at the…